The Bombay High Court on Wednesday directed the state government to reply to the petition filed by Mihir Shah, the main accused in the BMW hit-and-run, and his driver Rajrishi Bidawat, alleging that they have been illegally detained. Seeking immediate release, Shah, the son of Shinde Sena leader Rajesh Shah, contended that his further detention was in violation of the law as he was not informed about the grounds of arrest before custody.
Shah and Bidawat had filed the habeas corpus (produce the person) petition last week. On Wednesday, a bench of Justices Bharati Dangre and Manjusha Deshpande directed the state government to file its reply affidavit and posted the matter to August 29.
The duo’s pleas claimed that the police did not comply with section 50 of the Code of Criminal Procedure, which mandates that they must communicate to the person, who is being taken in custody, the full particulars of the offence for which he or she is being arrested or other grounds for such arrest.
On July 7, Shah, 24, allegedly rammed his BMW into a two-wheeler in Worli, killing Kaveri Nakhwa, 45, after dragging her on bonnet for more than 1.5 km. His driver Bidawat, who was also reportedly present in the car, was arrested the same day, whereas Shah was arrested two days later. Currently, both are in judicial custody.
